On November 29, 2017, we deposed Yanelli Gutierrez, who is the plaintiffs’ daughter-in-law and was in front of plaintiff, Leonor Jaimes, on the subject escalator just prior to the occurrence. Ms. Gutierrez had a poor recollection of the occurrence. She has a pleasant personality, but will make a below average witness.
Ms. Gutierrez testified she together with her husband and the plaintiffs went to Sears to purchase a garden tool as a gift for her father-in-law and plaintiff, Jose Jaimes, Sr. They entered the store on the first level and took the up escalator to the tool department on the second level. Her husband paid for the tool and they proceeded to the one down escalator in the store intending to put the tool in their car and then eat dinner at the food court in the mall. Ms. Gutierrez’s father-in-law stepped onto the escalator first, followed by her husband, then herself, and the plaintiff, her mother-in-law, was last. During the entire ride down the escalator, Ms. Gutierrez faced forward and did not look at the plaintiff. When they were halfway down the escalator, they heard a loud “boom” coming somewhere from the escalator, but the escalator continued to operate normally and continued to do so during the duration of Ms. Gutierrez’s time on it. When she reached the bottom of the escalator, she took steps forward as she walked toward the exit and looked toward the clothing racks to the side. As she continued to walk, she heard a second “boom” and a woman scream, “Lady, are you okay?” She looked at the woman that screamed, and noticed she had a Sears name tag. She then looked toward the escalator, and saw the plaintiff still on the escalator, but in a squatting position. The plaintiff was located a couple of stairs up the escalator from the bottom landing. The stairs of the escalator had stopped, but she did not recall if the handrails were also stopped. The plaintiff had a “look of pain” on her face, but did not respond to the woman that screamed. Ms. Gutierrez walked back to the escalator and grabbed …show more content…
During that time, the plaintiff sat on one of the display cases and said nothing, but she was holding her back. When the paramedics and a police officer arrived, they put the plaintiff on a stretcher. The policeman spoke with the witness’ husband and the witness accompanied the plaintiff to the hospital in the ambulance. At no time did the plaintiff speak.
When they arrived at the hospital, the plaintiff was taken into the emergency room and the witness waited in the waiting area for her husband and father-in-law. The plaintiff was released from the hospital that night and they drove home together. Again, the plaintiff did not speak. When they got to their house (the plaintiffs, the witness, and her husband live in the separate parts of a duplex), her husband held the plaintiff’s hand as she walked to her door. Ms. Gutierrez went to her portion of the duplex and her husband arrived approximately ten minutes later.
The witness testified that she has no knowledge of the escalator not working properly at any time before the occurrence and had no indication that the escalator would break down as they stepped onto
Ms. Gutierrez testified she together with her husband and the plaintiffs went to Sears to purchase a garden tool as a gift for her father-in-law and plaintiff, Jose Jaimes, Sr. They entered the store on the first level and took the up escalator to the tool department on the second level. Her husband paid for the tool and they proceeded to the one down escalator in the store intending to put the tool in their car and then eat dinner at the food court in the mall. Ms. Gutierrez’s father-in-law stepped onto the escalator first, followed by her husband, then herself, and the plaintiff, her mother-in-law, was last. During the entire ride down the escalator, Ms. Gutierrez faced forward and did not look at the plaintiff. When they were halfway down the escalator, they heard a loud “boom” coming somewhere from the escalator, but the escalator continued to operate normally and continued to do so during the duration of Ms. Gutierrez’s time on it. When she reached the bottom of the escalator, she took steps forward as she walked toward the exit and looked toward the clothing racks to the side. As she continued to walk, she heard a second “boom” and a woman scream, “Lady, are you okay?” She looked at the woman that screamed, and noticed she had a Sears name tag. She then looked toward the escalator, and saw the plaintiff still on the escalator, but in a squatting position. The plaintiff was located a couple of stairs up the escalator from the bottom landing. The stairs of the escalator had stopped, but she did not recall if the handrails were also stopped. The plaintiff had a “look of pain” on her face, but did not respond to the woman that screamed. Ms. Gutierrez walked back to the escalator and grabbed …show more content…
During that time, the plaintiff sat on one of the display cases and said nothing, but she was holding her back. When the paramedics and a police officer arrived, they put the plaintiff on a stretcher. The policeman spoke with the witness’ husband and the witness accompanied the plaintiff to the hospital in the ambulance. At no time did the plaintiff speak.
When they arrived at the hospital, the plaintiff was taken into the emergency room and the witness waited in the waiting area for her husband and father-in-law. The plaintiff was released from the hospital that night and they drove home together. Again, the plaintiff did not speak. When they got to their house (the plaintiffs, the witness, and her husband live in the separate parts of a duplex), her husband held the plaintiff’s hand as she walked to her door. Ms. Gutierrez went to her portion of the duplex and her husband arrived approximately ten minutes later.
The witness testified that she has no knowledge of the escalator not working properly at any time before the occurrence and had no indication that the escalator would break down as they stepped onto